Resolving Flat Boundary Encroachment in Bangalore

By the Property Law Team | Legal Brigade | Bar Council of Karnataka

When a Bangalore flat owner discovers that a neighbouring flat owner -- adjacent to their flat on the same floor or the flat directly above or below -- has encroached into their exclusive area by pushing a wall six to twelve inches beyond the shared boundary, extending a shelf or a false ceiling into the neighbouring flat's space, drilling into the shared wall to create a passage or storage niche or raising the floor level in a way that physically invades the neighbouring flat's structural slab boundary, the encroaching flat owner has trespassed on private property in a built environment where the boundaries are defined by the BBMP-sanctioned building plan and the RERA registration's floor plan.

How Are Flat Boundaries Defined in a Bangalore Apartment Building?

In a KAOA apartment, each flat owner's exclusive area is defined by the boundaries specified in the registered sale deed and the BBMP-sanctioned building plan. The boundaries are typically defined as the inner face of the perimeter walls of the flat -- the flat owner's exclusive area extends to the inner face of their walls but does not include the wall structure itself (which is common property or a structural element). A neighbouring flat owner who pushes their wall into the adjacent flat's space has physically invaded the adjacent owner's exclusive area -- a trespass.

The complication in apartment buildings is that the boundary between two adjacent flats is typically a shared wall -- a single wall that serves as the dividing element between the two flats. The centre line of the shared wall is typically the boundary. A flat owner who extends their wall beyond the centre line into the adjacent flat's space has reduced the adjacent flat's usable floor area. This may happen during renovation (a flat owner rebuilds a wall and places it slightly into the neighbour's space) or during the original construction (the developer built a wall slightly off the plan's boundary).

How Does the Affected Flat Owner Establish the Encroachment?

• Step 1: Obtain the BBMP-sanctioned building plan and the RERA floor plan -- confirming the flat's specified dimensions and the shared wall's specified position.
• Step 2: Commission a licensed surveyor to measure the flat's actual dimensions -- comparing the measured dimensions with the plan's specified dimensions to confirm and quantify the encroachment.
• Step 3: Document the encroachment with photographs and the surveyor's report -- establishing the exact extent of the encroachment in centimetres or inches.
• Step 4: Send a formal written notice to the encroaching neighbour -- citing the licensed surveyor's measurement and demanding restoration of the correct boundary within 30 days.
• Step 5: File a civil suit for mandatory injunction directing the wall's removal or the boundary's restoration if the neighbour does not cooperate within the demand period -- the civil court can order the wall's demolition and reconstruction at the correct boundary.

Q1. Can the association enforce the boundary between two flat owners?

The association manages common areas -- the boundary between two individual flat owners' exclusive areas is a matter between those two owners. The association can advise on the issue and can require the encroaching owner to comply with the building plan -- but the primary legal remedy is a civil suit by the affected flat owner, not association enforcement. The association may also prohibit any renovation that violates the building plan or encroaches on another owner's space.

Q2. What if the encroachment was done by the previous owner of the encroaching flat -- does the current owner inherit the obligation to remove it?

Yes -- the encroachment is on the affected flat's property, not on a personal right of the encroaching flat's previous owner. The current owner of the encroaching flat inherits the obligation to remove the encroachment as the current possessor of the encroaching structure. The current owner's remedy against the previous owner (who created the encroachment) is a civil claim in the conveyance -- but the affected flat owner's claim is against the current encroaching flat's owner.

Q3. What is a mandatory injunction and how does it work in an encroachment case?

A mandatory injunction is a court order directing a specific positive action -- demolishing the encroaching wall, restoring the boundary or filling the drilled niche. It is different from a prohibitory injunction (which orders a party to stop doing something). In an encroachment case, the affected flat owner files for a mandatory injunction directing the encroaching neighbour to demolish and rebuild the wall at the correct boundary.

Q4. Can the affected flat owner claim damages in addition to the mandatory injunction?

Yes -- in addition to the mandatory injunction (which orders the physical restoration), the affected flat owner can claim damages for: the period of the encroachment (compensation for the loss of use of the encroached area); the cost of repairing any damage to their flat caused by the encroaching construction; and any consequential loss (reduction in rental income, for example). The damages are assessed from the date the encroachment was created.

Q5. What if the shared wall's correct position is disputed between the two flat owners?

If both flat owners disagree about where the shared wall's correct boundary is, the licensed surveyor's report (based on the BBMP-sanctioned plan) is the primary evidence. The BBMP building plan's dimensions are the authoritative reference for the flat boundaries in the building. If the plan's dimensions are unclear, the structural drawings (the engineer's drawings that were part of the BBMP sanction package) provide additional detail.

Q6. Can the affected flat owner get an interim injunction preventing further encroachment while the suit is pending?

Yes -- an affected flat owner who files a civil suit for mandatory injunction can simultaneously apply for an interim injunction preventing the encroaching neighbour from any further construction that would worsen the encroachment while the suit is pending. The civil court will grant the interim injunction if the affected flat owner demonstrates a prima facie case and the balance of convenience favours the injunction.

Q7. Is there a limitation period for an encroachment suit?

A suit for mandatory injunction for trespass on immovable property must be filed within the Limitation Act's specified period -- 3 years from the date the trespass occurred (for a continuing trespass like an encroaching wall, the limitation period runs from the date the encroachment was created). However, a continuing encroachment (the wall remains in place) creates a recurring cause of action -- the limitation period argument is weaker for a continuing encroachment than for a one-time act.

Q8. What if the encroachment is very small -- 2-3 centimetres -- is it worth the legal effort?

A 2-3 centimetre encroachment across the full width of a shared wall in a 12-foot wide room reduces the room's usable area by approximately 0.3-0.4 square metres -- a meaningful area in a small flat. Whether the legal effort is proportionate to the encroachment's size is the practical question. Mediation or negotiation before filing a suit is recommended for minor encroachments -- a monetary compensation for the encroached area may be a faster resolution than a mandatory injunction suit.

Q9. Can the affected flat owner sell their flat without resolving the encroachment?

The affected flat owner can sell their flat -- but the buyer's due diligence will reveal the encroachment (the physical area is smaller than the plan's specification). The buyer's valuer and lawyer will flag the discrepancy. The seller must either: resolve the encroachment before the sale; disclose it to the buyer and reduce the price accordingly; or transfer the ongoing encroachment suit to the buyer as part of the sale. Selling without disclosure is a misrepresentation.

Q10. How does Legal Brigade assist flat owners dealing with encroachment from a neighbour?

Legal Brigade commissions the licensed surveyor's boundary measurement, sends the formal demand notice to the encroaching neighbour, files the civil suit for mandatory injunction with an interim injunction application, manages the court proceedings through the injunction order and the wall's restoration and advises on damages for the period of the encroachment.

Your Bangalore flat's bedroom is 6 inches narrower than the BBMP plan shows because your neighbour's renovated wall was built into your space during their renovation? Legal Brigade gets the licensed surveyor's boundary report and files the mandatory injunction suit.

WhatsApp → wa.me/8497029999

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